Scottish Court of Session Decisions

This was a claim by Archibald Blair, residing in Main Street, Renton, to have his name entered on the register of voters in right of a lease for ninety-nine years, granted by Alexander Smollett, Esq., of Bonhill, in favour of Isabella Clelland, who is now the wife of the claimant. The claim was objected to by William Babtie, writer, Dumbarton, a registered voter for the county, and the question of law, which was decided in the negative by the Sheriff, was, whether the claimant could be legally and validly enrolled in the register, under either the 7th or 9th sections of the statute 2 and 3 Wm. IV., c. 65, or under the operations of those sections now in combination. The Court found that the party claiming had no right to vote under the Reform Act. That statute provided two grounds of claim—the one ownership, the other tenancy; and in section 8 the right of a husband to vote in respect of property belonging to a wife was conceded. But a lease was not property; and whatever might be said as to the equity of allowing such a claim, the Court must decide according to the strict terms of the statute. They therefore confirmed the judgment of the Sheriff.